The Vermont Statutes Online

Subchapter
009
:
VIOLATIONS AND PENALTIES

(Cite as: 23 V.S.A. § 1099)

§
1099. Texting prohibited

(a) As used in
this section, "texting" means the reading or the manual composing or
sending of electronic communications, including text messages, instant
messages, or e-mails, using a portable electronic device as defined in
subdivision 4(82) of this title. Use of a global positioning or navigation
system shall be governed by section 1095b of this title.

(b)(1) A
person shall not engage in texting while operating a moving motor vehicle in a
place open temporarily or permanently to public or general circulation of
vehicles.

(2) In
addition, a person shall not engage in texting while operating a motor vehicle
on a public highway in Vermont, including while the vehicle is stationary,
unless otherwise provided under this section. As used in this subdivision
(b)(2):

(A)
"Public highway" means a State or municipal highway as defined in 19
V.S.A. § 1(12).

(B)
"Operating" means operating a motor vehicle on a public highway,
including while temporarily stationary because of traffic, a traffic control
device, or other temporary delays. "Operating" does not include
operating a motor vehicle with or without the motor running when the operator
has moved the vehicle to the side of or off the public highway and has halted
in a location where the vehicle can safely and lawfully remain stationary.

(c) A person
who violates this section commits a traffic violation as defined in section
2302 of this title and shall be subject to a penalty of not less than $100.00
and not more than $200.00 for a first violation, and of not less than $250.00
and not more than $500.00 for a second or subsequent violation within any
two-year period. (Added 2009, No. 150 (Adj. Sess.), § 2, eff. June 1, 2010;
amended 2013, No. 57, § 24; 2015, No. 50, § 13.)